Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1887-12-18
A HIGHLY INTERESTING ABSTRACT
Of the Senate Committees Report in tn,
Case.
Special Telegram to the Sunday Register.

The Committee on Privileges and Elec-
tions, to whom were referred the creden-
tials of Charles ]. Faulkner, who claims a
seat in the Senate from the State of West
and the protest of Daniel B.
Lucas sgainst the allowance Of said claim,
and the credentials of Daniel B. Lucas,
who also claims the same seat, have con-
sidered the same, and respectfully re-
port:
The Constitution Of the United States,
Article I, section 3, provides,
''The Senate OF the United ates shall
be composed of two Senators from each
State, chosen by the Legislature thereof,
for six years." = eff vacancies
happen by resignation or otherwise, during
the recess of the Legislature of any State,
the executive thereof
MAY MAKE TEMPORARY APPOINTMENTS
until the next meeting of theLegislature,
which shall then fill such vacancies"
"SEC. l. The times, places, and manner
of holding electiOus for Senators and Rep,
resentatiyes, shall be prescribed in each
State by the Legislature thereof; but the
Congress may at any time by Law make OIL
alter such regulations, except as to the
places of choosing Senators"
The Revised Statutes of the United
States, Title II, section IA, provide:
The Legislature of each State which Is
chosen next proceeding the expiration o:
the time for which any Senator was elected
to represent such State in Congress shall,
on the second Tuesday after the meeting
and organization thereof, proceed to elect
4 Senator in Congress"
Section Is prescribes the manner OF such
election. Section l6 is rs follows:
Whenever, on the meeting of the Leg,
islature of any State, vacancy exists IL
the representation Of such State in the Sen
ate, the Legislature shall proceed, on the
second Tuesday after meeting and organi'
z;tiop, to elect person TO fill such vacancy
in the manner prescribed in the preceding
section for the election OF Senator for i
foil term"
The Constitution further provides
Article |, section 5 -
Each House shall be the judge OF the
election returns and qualifications OF itS
own members"
OF course the opinion of any other tri'
bunal can have no weight as aa authority
in determining any question as to the val
idtty of the election of Senator. But ii
may he proper to note that the constitu,
tioual authority of Congress to prescribe
the time and manner of eleCtinS Senators,
although it may not exhaust the whole
subject, bat still leaves in force the regu'
lations of State in regard to the same
subject not in conflict with its own, IS eX'
pressly affirmed by the Supreme Court o.
the United States in er parte Siebold, 100
L. S, 81.
The constitution of West Virginia pro
vides that
THE Legislature shall assemble at the
seat o. government, biennially, and moi
cftener, unless convened by the governor.
The first session of the Legislature, after
the adoption of the constitution, shall
commence on the third Tuesday Of Nov
ember, 1872; and the regular biennial ses
sion of the Legislature shall commence OF
the second Wednesday Of January, 1875
and every two years thereafter on the same
day. "-ArticLe 6, section 3.
Article :, section :, is as follows:
The Governor may, on extraordinary
occasions, convene, ut his own instance
the Legislature, but when 50 convened II
shall
ENTER UPON NO BUSINESS
except that stated in the proclamation by
which it was called together"
The term of Mr.. Camden as q Senator
from West Virginia expired on the 4th day
of March, 1887. The regular biennial ses
sion Of the Legislature began on the seconc
Wednesday OF January in pursuance OF the
provision Of the constitution cited.
At that session the Legislature proceed
ed TO ballot for a successor to Mr.. Camden
but no person obtained q majority OF thu
ballots, and it adjourned without making
a choice. Thereafter, on the 5th day o
March, the Governor appointed MIR. Lu
cas- in the recess of the Legislature and IS
sued TO him a certificate declaring his ap'
pointment rs Senator in the Senate of th'
United States until the next meeting o
the Legislature, having authority to nj
such vacancy Mr.. Lucas accepted th'
appointment.
On the same 5th day of March thu
Governor issued the following proclama
tion:
Then follows the Governors proclama
ton in full, calling the Legislature to spec
ial session on April Sd last. After whicl
the report continues as follows:
The Legislature
MET IN SPECIAL SESSION
pursuant to call, and duly elected Mr..
Faulkner to fill the existing vacancy IL
the Senate of the United States, if it haC
authority to do SO.
The Constitution of the United States il
the supreme authority, and all provisions
of the constitution or Statutes of any Stat
are void and of no effect unless they Cal
be so construed as not to conflict with 1T
provisions.
The Constitution of the United State!
expressly provides that the vacancy which
happens during the recess of the Leglsla
ture of any State shall be filled by tn
Legislature at its next meeting. The
statute of the United States merely pre-
scribes the time and manner in which, a
such meeting, the constitutional mandate
shall be obeyed. The only question, there
fore, which can possibly arise is whethel
the body which sat in pursuance OF thu
Governor was Legislature in the consti
tutional sense.
1t is claimhd by Mr.. Lucas that as thu
body was not permitted to enter upon any
legislative business, except such as related
to the eight matters set forth in the call, il
was not legislature, but was body de-
irving its power from the will of the execu'
tive, and so was eSerting certain execu-
tive or quasi-eIecutive function, something
like that which is exercised by the Senate
in giving its assent to the nomination oi
public officers.
But it seems to rs that this view can moi
be supported. In the first place, the body
is expressly declared by the Constitution
of West Virginia itself to be Legislature.
In the next place, the function which il
exercises in making enactments upon the
eight great subjects mentioned in the cal
4 N ha =